Press Release - Human Rights Review Panel

Number: 05-2021
Date: 20 September 2021

Press Release - Human Rights Review Panel

The Human Rights Review Panel, (the Panel) held its 52nd session on 16 September 2021. The Panel deliberated via electronic means.

During the session the Panel considered two (2) cases:

1. Case 2018-01 Y.B.2 against EULEX. On 16 September 2021, the Panel adopted its Decision on Admissibility and Merits of the case. In its Decision, the Panel rejected the complainant’s request for interim measures. The Panel also rejected the Mission’s request to strike the case out of its list of cases. Regarding the complaint of a violation of the right to the presumption of innocence, as protected by Article 6(2) of the European Convention on Human Rights, the Panel rejected this complaint as manifestly ill-founded. Regarding the complaint of a violation of the right to respect for private life, as protected by article 8 of the European Convention on Human Rights, the Panel found that the statements made by the EULEX Prosecutor in the television interview constituted an unjustified interference with the complainant’s reputation, and thereby had violated Article 8. The Panel invited the Mission to make a public declaration acknowledging that the circumstances of the case amounted to a breach of the complainant’s rights as a result of acts attributable to EULEX in the performance of its executive mandate.

2. Case No. 2019-01 G.T. against EULEX. On 16 September 2021, the Panel adopted a Second Decision on the Implementation of the Recommendations of the Human Rights Review Panel. The Panel noted that the Mission had followed and implemented some but not all of the Panel’s recommendations. In particular, the Panel considered that the Mission had failed to acknowledge the violation of the complaint’s rights and had failed to contact the complainant directly with regard to establishing the need for additional security arising from the complainant’s testimony in Serbia. The Panel regretted that the Mission once again had failed to comply with these two recommendations. Furthermore, the Panel reiterated that the Mission is responsible for providing an effective remedy for the human rights violation it has committed in the present case, and that the Mission cannot delegate its human rights obligations to third parties. The Panel asked the Mission to circulate the present Decision to relevant officials of the Mission and authorities outside of it. The Panel decided to close the examination of the case.

The Decisions of the Panel, the Rules of Procedure and its Annual Reports are published on the website of the Panel in the English, Albanian and Serbian languages:

 Notes to the editor;

The Human Rights Review Panel (Panel) for EULEX Kosovo, as an independent accountability mechanism for alleged violations of human rights, reviews complaints from any person claiming to be the victim of human rights violations by EULEX Kosovo in the conduct of its executive mandate. The Panel is not a judicial or disciplinary body. The mechanism will solely look into whether a violation of human rights occurred or not and formulate recommendations for remedial action. Such action does not include monetary compensation. The Panel is independent in the exercise of its functions which it performs with impartiality and integrity.